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WENINGER v. FIRST NATIONAL BANK

No. 37,980

170 Kan. 83 (1950)

223 P.2d 716

ROMAN G. WENINGER, Appellee, v. FIRST NATIONAL BANK, a Corporation, Mt. Hope, Kansas, Appellant.

Supreme Court of Kansas.

Opinion filed November 10, 1950.

Attorney(s) appearing for the Case

J. Paul Jorgensen, of Wichita, argued the cause, and H.C. Castor, J.H. Fugate and J.C. Castor, all of Wichita, were with him on the briefs for the appellant.

Robert R. Hasty, of Wichita, argued the cause, and was on the briefs for the appellee.

The opinion of the court was delivered by

PRICE, J.:

This is an appeal from an order overruling the defendant's demurrer to plaintiff's amended petition in an action for damages allegedly sustained on account of the refusal of defendant to release a mortagage on real estate. While the question before us, strictly speaking, is the correctness of the lower court's ruling on the demurrer, yet the basic question concerns the duty of defendant bank to release the...

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